History and Heritage

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Edited by
Daniëlle Slootjes and Mariette Verhoeven

In twelve contributions,
Byzantium in Dialogue with the Mediterranean. History and Heritage shows that throughout the centuries of its existence, Byzantium continuously communicated with other cultures and societies on the European continent, as well as North Africa and in the East. In this volume, ‘History’ represents not only the chronological, geographical and narrative background of the historical reality of Byzantium, but it also stands for an all-inclusive scholarly approach to the Byzantine world that transcends the boundaries of traditionally separate disciplines such as history, art history or archaeology. The second notion, ‘Heritage’, refers to both material remains and immaterial traditions, and traces that have survived or have been appropriated.
Contributors are Hans Bloemsma, Elena Boeck, Averil Cameron, Elsa Cardoso, Cristian Caselli, Evangelos Chrysos, Konstantinos Chryssogelos, Penelope Mougoyianni, Daphne Penna, Marko Petrak, Matthew Savage, Daniëlle Slootjes, Karen Stock, Alex Rodriguez Suarez and Mariëtte Verhoeven.

Emmanuel Roucounas

This rich and remarkable volume offers an overview of the most important schools, movements and trends which make up the theoretical landscape of contemporary international law, as well as the works of over 500 authors. It moves beyond generalization and scrutinizeas how the relevant literature deals with the basic issues of the international legal system, such as international obligations, legitimacy, compliance, unity and universality, the rule of law, human rights, use of force and economics. It offers insights into the addressees (the state, international organizations, individuals and other private persons), and the construction of international law, including law-making, the relationship between norms, and interpretation. Moreover, it widens the discourse by addressing old, yet enduring, as well as new concerns about the functioning of the international legal system, and presents views of non-international lawyers and political scientists regarding that system. It is a valuable analysis for researchers, students, and practitioners.

Challenging the Master Narrative

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Edited by
Christof Rolker

New Discourses in Medieval Canon Law Research offers a new narrative for medieval canon law history which avoids the pitfall of teleological explanations by taking seriously the multiplicity of legal development in the Middle Ages and the divergent interests of the actors involved. The contributors address the still dominant ‘master narrative’, mainly developed by Paul Fournier and enshrined in his magisterial
Histoire de collections canoniques. They present new research on pre-Gratian canon collection,
Gratian’s Decretum, decretal collections, but also hagiography, theology, and narrative sources challenging the standard account; a separate chapter is devoted to Fournier’s model and its genesis.
New Discourses thus brings together specialized research and broader questions of who to write the history of church law in the Middle Ages.
Contributors are Greta Austin, Katheleen G. Cushing, Stephan Dusil, Tatsushi Genka, John S. Ott, Christof Rolker, Danica Summerlin, Andreas Thier and John C. Wei.

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Edited by
Charlene M. Eska

In
A Raven’s Battle-cry Charlene M. Eska presents a critical edition and translation of the previously unpublished medieval Irish legal tract
Anfuigell. Although the Old Irish text itself is fragmentary, the copious accompanying commentaries provide a wealth of legal, historical, and linguistic information not found elsewhere in the medieval Irish legal corpus.
Anfuigell contains a wide range of topics relating to the role of the judge in deciding difficult cases, including kingship, raiding, poets, shipwreck, marriage, fosterage, divorce, and contracts relating to land and livestock.

Legal Framework and Current Issues

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Saskia Lettmaier

In Germany, as elsewhere, couples and individuals suffering from unwanted childlessness have two principal means to overcome it. One, adoption, has existed and been quite heavily regulated in Germany for centuries. The other, assisted reproduction, has only recently come into its own with advances in medical technology and has not yet been comprehensively dealt with by the German legislature.
This monograph provides a survey of adoption and assisted reproduction as alternative (non-coital) ways of establishing parent-child relationships in Germany.

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Peter Maxwell-Stuart, Steve Murdoch and Leos Müller

The original Latin text of Johann Gröning’s
Navigatio libera has never before been translated into any modern vernacular language. Gröning’s intention was to set out the position of neutral nations (in this case the Danes and Swedes), and their right to pursue trade during the wars of the great maritime powers (particularly the English and the Dutch). It specifically sought to engage with and refute the work of Hugo Grotius while taking cognisance of the critique of Gröning’s work by Samuel Pufendorf. The text serves as a bridge between 17th-century polemical discourse surrounding the ‘free sea’ versus ‘enclosed sea’ debate and later 18th-century legal literature on the rights of neutrals and the continuation of free trade in time of war.

With Special Reference to the Reign of Murad Giray (1678-1683)

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Natalia Królikowska-Jedlińska

The Crimean Khanate was often treated as a semi-nomadic, watered-down version of the Golden Horde, or yet another vassal state of the Ottoman Empire. This book revises these views by exploring the Khanate’s political and legal systems, which combined well organized and well developed institutions, which were rooted in different traditions (Golden Horde, Islamic and Ottoman). Drawing on a wide range of sources, including the Crimean court registers from the reign of Murad Giray (1678-1683), the book examines the role of the khan, members of his council and other officials in the Crimean political and judicial systems as well as the practice of the Crimean sharia court during the reign of Murad Giray.

On Stranger Tides?

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Mark Chadwick

In
Piracy and the Origins of Universal Jurisdiction, Mark Chadwick relates a colourful account of how and why piracy on the high seas came to be considered an international crime, subject to the principle of universal jurisdiction prosecutable by any State in any circumstances.

Merging international and domestic law, history, literature, and sociology, the author weaves an intricate tale that reveals the pirate to be the original “enemy of mankind” and forerunner of today’s international criminals: those who commit genocide, crimes against humanity, war crimes and aggression. In so doing, Mark Chadwick proposes a convincing reappraisal of the pirate’s role in the crystallisation of international criminal law, bringing much-needed clarity to a disputed area of international legal history.

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Edited by
Melodie H. Eichbauer and Danica Summerlin

The Use of Canon Law in Ecclesiastical Administration, 1000–1234 explores the integration of canon law within administration and society in the central Middle Ages. Grounded in the careers of ecclesiastical administrators, each essay serves as a case study that couples law with social, political or intellectual developments. Together, the essays seek to integrate the textual analysis necessary to understand the evolution and transmission of the legal tradition into the broader study of twelfth century ecclesiastical government and practice. The essays therefore both place law into the wider developments of the long twelfth century but also highlight points of continuity throughout the period.